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Author
Topic: NOVARTIS RULING (Read 2178 times)

In the ongoing struggle between big pharma companies and the developping world's need for cheaper medicine, here's an important development:

Update 3-Indian court rejects Novartis patent challenge (Adds new quotes, details from court order) By S. Murari CHENNAI, India, Aug 6 (Reuters) - An Indian court rejectedon Monday a challenge by Novartis to Indian law that deniespatents for minor improvements to known drugs, and the Swissdrug giant said it was unlikely to appeal. The closely-watched case in the Madras High Court hadbecome a key battle in the long-running war betweenmultinational drug firms and humanitarian campaigners, who say"big pharma" is putting patents ahead of patients. The court in the southern city of Chennai rejected thechallenge, saying it had no jurisdiction on whether Indianpatent laws complied with intellectual property rules set bythe World Trade Organisation, as Novartis had questioned. Novartis had said a part of the law violated the Indianconstitution as it was "vague" and gave arbitrary powers topatent authorities. But the two-judge bench dismissed the challenge, sayingNovartis was "no novice" in pharmacology to not understand alaw that says a patent applicant has to show that the discovery"resulted in enhancement of known efficacy of the substance". The objective of the Indian patent act, they said, was alsoto "provide easy access to citizens to lifesaving drugs". "We disagree with this ruling, however we likely will notappeal to the Supreme Court," a Novartis spokeswoman said byphone from Basel, in Switzerland. "We await the full decisionto better understand the court's position." A statement from Novartis said that the ruling would "havelong-term negative consequences for research and developmentinto better medicines for patients in India and abroad". Novartis says the Indian patent system stifles innovation,such as making a drug more heat-resistant or able to beswallowed rather than injected. Critics say changes to the law would mean drug companiescould extend their monopolies by patenting trivial changes,affecting the supply of affordable drugs, including anti-AIDSdrugs, to other developing countries from India. ADVOCACY GROUPS JUBILANT Novartis had gone to the court to challenge a law thatblocks the patenting of minor improvements in known molecules. "Novartis brought this case forward because it firmlybelieves this was the right thing to do for patients," thestatement said. "Effective patent systems ensure incentives are in placethat stimulate long-term research and development effortscritical for medical progress." In April, the same court had also ordered a relatedchallenge by Novartis to a January decision that rejected itspatent application for a cancer drug, Glivec, be referred to anappellate board. That patent application was turned down because the drugwas a new form of a known substance. India is a key source of cheap generic medicines, andadvocacy groups worry that millions of poor people could loseaccess to key drugs if Novartis succeeds in its challenge. Aid agency Medecins Sans Frontieres (MSF) said the courtorder confirmed exactly what it had been saying, that Indiancourts were not the proper forum to raise this issue andNovartis should settle it at the WTO. "We absolutely welcome this court order," said LeenaMenghaney of MSF in India, which has been campaigning againstthe Novartis challenge. "It means patents will only be granted based on researchand development and not just tinkering around with the oldmolecule to make a new form of an old drug. "It basically means fewer patents will be granted by theIndian patent office, and that means more affordable drugs canbe produced by Indian manufacturers." The Indian government said in April that it was "veryconcerned" that the challenge by Novartis could restrict theglobal supply of cheap anti-AIDS drugs. India is home to the world's third largest populationliving with HIV after South Africa and Nigeria, with anestimated 2.5 million infected people. (Additional reporting by Jonathan Allen in New Delhi)